A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §60-3A-3a; and to
amend and reenact §60-3A-4 of said code, all relating to
liquor sampling; authorizing liquor sampling on Class A retail
licenses; setting requirements for holding a liquor sampling;
creating penalties; authorizing emergency rules or legislative
rules; and defining terms.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §60-3A-3a; and that
§60-3A-4 of said code be amended and reenacted, all to read as
follows:

ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.

§60-3A-3a. Liquor sampling.

(a) Notwithstanding any provision of this code to the
contrary, a Class A retail licensee may, with the written approval
of the commissioner, conduct a liquor sampling event on a
designated sampling day.

(b) At least five business days prior to the liquor sampling,
the Class A retail licensee shall submit a written proposal to the
commissioner requesting to hold a liquor sampling event, including:

(1) The day of the event;

(2) The location of the event;

(3) The times for the event; and

(4) The specific brand and flavor of the West Virginia product
to be sampled.

(c) Upon approval by the commissioner, a Class A retail
licensee may serve a complimentary liquor sample of the approved

brand and flavor of the West Virginia product that is purchased by
the Class A retail licensee from the commissioner.

(d) The complimentary liquor samples on any sampling day shall
not exceed:

(1) One separate and individual sample serving per customer

verified to be twenty-one years of age or older; and

(2) One ounce in total volume.

(e) Servers at the liquor sampling event shall:

(1) Be employees of the Class A retail licensee;

(2) Be at least twenty-one years of age or older; and

(3) Have specific knowledge of the West Virginia product being
sampled to convey to the customer.

(f) All servers at the liquor sampling event shall verify the
age of the customer sampling liquor by requiring and reviewing
proper forms of identification. Servers at the liquor sampling
event may not serve any person who is:

(1) Under the age of twenty-one years; or

(2) Intoxicated.

(g) A liquor sampling event shall:

(1) Occur only inside the Class A retail licensee's licensed
premises; and

(2) Cease on or before 9:00 p.m. on any approved sampling day.

(h) Any liquor bottle used for sampling must be clearly and
conspicuously labeled "SAMPLE, NOT FOR RESALE". If the seal is
broken on any liquor bottle or if any liquor bottle is opened, then
that liquor bottle must be removed from the licensed premises
immediately following the event.

(i) Violations of this section are subject to the penalties
set forth in this article.

(j) To implement the provisions of this section, the
commissioner may promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code or propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-nine-a of this code.

§60-3A-4. Definitions.

(a) “Active retail license” means a current license for a
retail outlet that has been open and in continuous operation for a
period of not less than twelve months prior to July 1, 2010, or
July 1 every ten years thereafter.

(b) “Active retail licensee” means a person who holds an
active retail license at the time of the effective date of the
amendments to this section during the first extraordinary session
of the Legislature in 2009 or that person’s successor or any person
who holds an active retail license when it expires at the end of a
ten-year period.

(c) “Applicant” means any person who elects to pay a purchase
option for a Class A retail license, who bids for a retail license
or who seeks the commissioner’s approval to purchase or otherwise
acquire a retail license from a retail licensee, in accordance with
the provisions of this article.

(d) “Application” means the form prescribed by the
commissioner which must be filed with the commissioner by any
person bidding for a retail license.

(e) “Board” means the Retail Liquor Licensing Board created by
this article.

(h) “Current retail licensee” means a person who holds a
retail license at the time of the effective date of the amendments
to this section during the first extraordinary session of the
Legislature in 2009 or that person’s successor or any person who
holds a retail license when it expires at the end of a ten-year
period.

(i) “Designated areas” means one or more geographic areas
within a market zone designated as such by the board.

(j) “Executive officer” means the president or other principal
officer, partner or member of an applicant or retail licensee, any
vice president or other principal officer, partner or member of an
applicant or retail licensee in charge of a principal business unit
or division, or any other officer, partner or member of an
applicant or retail licensee who performs a policy-making function.

(l) “Liquor” means alcoholic liquor as defined in section
five, article one of this chapter and also includes both wine and
fortified wines as those terms are defined in section two, article
eight of this chapter.

(m) "Liquor sampling event" means an event approved by the
commissioner, for a Class A retail licensee to hold a liquor
sampling during which only one specific brand of West Virginia
product may be sampled per day, per customer, twenty-one years of
age or older, as set out in section three-a of this article.

(m)(n) “Market zone” means a geographic area designated as
such by the board for the purpose of issuing retail licenses.

(n)(o) “Mixed retail liquor outlet” means a retail outlet
that sells liquor, beer, nonintoxicating beer and other alcohol-related products, including tobacco-related products, in addition
to convenience and other retail products.

(p)(q) “Retail license” means a license issued under the
provisions of this article permitting the sale of liquor at retail.

(q)(r) “Retail licensee” means the holder of a retail
license.

(r)(s) “Retail outlet” means a specific location where liquor
may be lawfully sold by a retail licensee under the provisions of
this article.

(t) “Sampling day” means any day of the week where retail
licensees may sell liquor pursuant to section eighteen, article
three-a, chapter sixty of this code, and is approved, in writing,
by the commissioner for a Class A retail licensee to conduct a
liquor sampling event.

(NOTE: The purpose of this bill is to allow Class A retail
licenses (as defined in chapter 60, Article 3A, section 4)or
freestanding liquor retail outlets the ability to conduct
responsible liquor sampling events on days of the week, other than
Sunday. Violators of these sections are subject to civil and
criminal penalties imposed by article 3A.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.

§60-3A-3a is new; therefore, strike-throughs and underscoring
have been omitted.)